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4 Law/Sub-decree concerning EIA Process Law on Environmental Protection and Natural Resource Management (24 Dec. 1996) Article 6: An environmental impact assessment shall be conducted on every project and activity of the private or public, and shall be approved by the Ministry of Environment before being submitted to the Royal Government for decision. This assessment shall also be conducted for existing activities that have not yet been assessed for environmental impacts. The procedures of the process for environmental impact assessment shall be defined by sub-decree following a proposal of the Ministry of Environment. The nature and size of the proposed projects and/ or activities (proposed and existing) both private and public, that shall be subject an environmental impact assessment which shall be defined by sub-decree following a proposal of the Ministry of Environment.

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5 Law/Regulation concerning EIA Process Law on Environmental Protection and Natural Resource Management (24 Dec. 1996) Article 7: All investment Project Applications and all proposed State projects shall be subject to an initial Environmental Impact Assessment (IEIA) and / or Environmental Impact Assessment (EIA) as specified in article 6 of this law. The Ministry of environment shall review and provide recommendations on the IEIA and / or EIA to the competent bodies within period determined by the Law on Investment of the Kingdom of Cambodia.

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6 Sub-decree on Environmental Impact Assessment (EIA) Process (11 August 1999) The purpose of this Sub-decree is:   An EIA shall be done on every project and activity, private or public, and shall be reviewed by the Ministry of Environment before being submitted to the Royal Government for decision,   The nature and size of the proposed projects and activities and existing and in-process activities, both private and public, shall be subject to environmental impact assessment, and   Foster public participation in the EIA process in recognition that their concerns should be considered in the project decision-making process.

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7 Sub-decree on Water Pollution Control (06 April 1999) The purpose of this Sub-decree is to regulate the water pollution control in order to prevent and reduce the water pollution of the public water areas so that the protection of human health and the conservation of biodiversity should be ensured.

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8 Sub-decree on Solid Waste Management (27 April 1999) The purpose of this Sub-decree is to regulate the solid waste management with proper technical manner and safe way in order to ensure the protection of human health and the conservation of biodiversity.

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9 Sub-decree on Air and Noise Pollution Control (10 July 2000) The purpose of this Sub-decree is to protect the environmental quality and public health from air pollutants and noise pollution through monitoring curb and mitigation activities.

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10 Current Status for EIA Implementation in Cambodia Council for the Development of Cambodia (CDC): (Reference: Sub-decree No 147 ANK/BK on the Organization and Functioning of the Council for the Development of Cambodia, 2005)   The CDC is the sole and One-Stop Service organization responsible for the rehabilitation, development and the oversight of investment activities. The CDC is the Royal Government’s “Etat –Major” responsible for the evaluation and the decision making on all rehabilitation, development and investment project activities.   To guide the preparation of development conception and strategies for Cambodia in cooperation with the relevant institutions.   The CDC comprises the following two operational Boards: The Cambodian Rehabilitation and Development Board, and the Cambodian Investment Board.

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12 Current Status for EIA Implementation in Cambodia Sub-Committee on Investment of the Capital-Provincial Level (Reference: Sub-decree No 17 ANK/BK on The Establishment of the Capital-Provincial Sub-Committee on Investment of the Kingdom of Cambodia, 2005)   The Sub-Committee on Investment of the Capital- Provincial Level is the sole and One-Stop Service Mechanism responsible for the rehabilitation, development and the oversight of investment activities.   The Sub-Committee on investment’s registration and shall be under registration mechanism of the CDC/CIB that have investment with capital not exceeding USD 2,000,000.

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14 Current Status of Public Participation in the EIA Process   Cambodia has implemented public consultation in the EIA process in the public and private development projects or in conflict resolution. To date, the public consultation in planning has been an important part of the government policy.   In additionally, the Law on Environmental Protection and Natural Resource Management directs the Ministry of Environment to provide information on its activities and to encourage public participation in environmental protection and natural resource management.   The public consultation for public and private development projects are implemented at 3 levels: Local level – project developers, Local Administrative such as Chief of Villages, Chief of Communes, and affected people or representative of local community. Provincial Level – project developers, concerned agencies at provincial level, Local Administrative Authorities (District level), and NGOs. National Level – project developers, Line Ministries, and Local Administrative Authorities (Provincial Level), NGOs

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15 2. History of ESIA Application to hydropower and Lessons Learned

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20 Impacts on Biological Environment - Impact on fish : There are 66% species will be loss that migrate to the upstream in this area (The result of Fish Study there are 99 species in this area).

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21 Impact on Land Use : Flooded area with different FSL in reservoir Land use types Flooded area (ha) FSL 70mFSL 75mFSL 80m Forest covers10,54828,96969,127 Water Features1,9072,9904,572 Shrublands3731,2903,381 Agricultural Lands482193,136 Grasslands31481,000 Soils and Rocks Total12,91033,56381,320